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Saturday, March 24, 2018

Allegany County: Local legislators comment on raising the smoking age

Allegany County legislators will likely set a public hearing for next month on a local law that raises the age to purchase tobacco products to 21. WRN reached out to some county lawmakers for their position on this pending law. We received comments from two current and one former legislator. If more are received, they will be added to this story and included in a separate post.
Steve Havey
The subject of tobacco is an emotional one. Many folks have firm opinions about tobacco and feel they do not need any further discussion.  Their minds have been made up on the subject for a while.  I have spoken with many of the residents of District 4 and I will to speak to more next week.  I can tell you that I am staying away from making decisions on emotion or passion.  I am listening and looking at the facts as presented.  To take a snapshot of where I stand on the issue,  at this moment I am leaning in favor of raising the age but keeping an open mind. I will not finalize my opinion until after the Public Hearing.   I urge residents to reach out to me with their thoughts.  I’m listening.


Gary Barnes

At the time of this posting, Mr. Barnes had not responded to our request for comment. If a response is received, it will be added.
Kevin LaForge
As a former legislator (recently retired) I fully support the adoption of Smoking 21. This started out last year in Human Services which I chaired at the time. We did table it then in order to better inform all concern rather than hastily vote.
I feel strongly about this issue as I watched cigarettes kill my Father. I daily watch it adversely affect the health of many around me. I know that due to the proximity of Oil Springs, many will be able to circumvent the law if so inclined. However, there may be a substantial number of youth that may never start smoking if it is a little more difficult. It is for every one of these kids that don't start that makes me hope for a positive vote.
To my former colleagues and current Legislators, please vote yes for the Smoking 21 Law!

Karl Graves
No, I’m not in favor of the Tobacco 21 Law. Nor am I in favor of anyone using any kind of tobacco product or a derivative of it.  Medical research and history has shown that tobacco use has a negative impact on the user.  Its use has caused my family to suffer the early loss of several beloved family members. Siblings, Uncles, Aunts and Cousins included.
I also realize that government has a fiduciary responsibility to take appropriate action to protect its inhabitants, to promote public health and safety. The discussions we will have as we debate the merits and de-merits of this law are appropriate.  I look forward to it as it is part and parcel of our open democratic society.
I also realize that government does not have – nor should we allow it to have – the right to run our lives. For me, it’s about constitutional rights. It’s about limited government. It’s about individual dignity and personal responsibility.  It’s a matter of record that we are over regulated and over taxed. Businesses and people are leaving rural New York at an alarming rate. The 1980 census recorded a population here of 51,472. The 2015 census put us at 47,462.  Over 4,000 people lost – it’s as if the population of a whole town got up and left us.  What age bracket was the most transient in my research? 18 – 27 Year olds. They left to find work and opportunity.

Also of concern to me is this ongoing discussion about “seasoning” the brain, the ability to “re-wire it” and other musings in support of “raising the age” of culpability.  Apparently several segments of our government are now concerned about the health and fair treatment of the 16-18 and 18-21 year old population in our state. One Mental Health professional who appeared before us some time ago reported that research indicates that the human brain does not fully “season” itself until around age 25 and therefore the mental health industry does not feel that this population should be held fully responsible for their actions nor, apparently, their behavior.
I couldn’t help but think about what the World War II generation I grew up with would say about this or the fact that a good many 18-21 year olds in their population stormed the beaches at Normandy and were present as the bombs fell on Pearl Harbor. I also remember the reasoning that 18 year olds were given the right to vote in 1971 – they could fight and die for their country so they deserve the right to vote for its leaders. I had just turned 18 that year and, along with a few other 18 year old members of our community, registered to vote on the day the law took effect. 
I also don’t think my parents would have been won over by an appeal for leniency, during one of my youthful “course corrections”, based on my alleged “unseasoned” brain.  Neither would my teachers or the Town Cop. I learned early on that it is better to behave than to be sorry.
Although there has been at least one discussion with the Seneca Nation about restricting the sale of cigarettes – there has been no agreement to do so. My belief is that there never will be. Presently, it’s alleged that most underage smokers get their cigarettes from friends or acquaintances 18 and over who can legally purchase them. A forced change may create instant problems or inconveniences but I doubt that it would make a huge impact.  The Indians won’t be bothered and neither will the 18-21 year olds that will continue to travel there and purchase their products. The bottom line is that we can never enact enough laws to control evil.  Evil does not obey the law.
This is not an easy choice for me. I have grandchildren, that are young right now, that I would not want to see using tobacco when they get older. On the whole, I think practicing what I’ve spoken about – personal dignity and responsibility and being good stewards of our community and teaching it to the ones we love - is very important.
Another component I think is important is community feedback. By personal contact, by phone, by email and by social media I’ve heard far more comments from people in District IV against adding this prohibition than from those in favor of it. Interestingly, none that I know of were or are current tobacco users.
The move this coming Monday is only to hold a formal public hearing. The public still has plenty of time to communicate their opinion regarding this proposal to all 15 of us and to appear and be heard at the public hearing.
Contact information for each can be found at:  www.alleganyco.com.
Thank you for your interest and the opportunity to address this matter further.